RAMESH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has sought the quashing of the notification dated 26th December, 1979 issued under Section 28 of the U. P. Avas Evam Vikas Parishad, Adhiniyam (here in after referred to as the 'parishad Adhiniyam') as well as the declaration dated 5th November, 1982 made under Section 32 (1) of the Parishad Adhiniyam on the ground that the acquisition has lapsed as the award under Section 11 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'land Acquisition Act') was not made within a period of two years from the date of publication of the declaration.

(2.) THE petitioner claims to be the owner of an area measuring 0. 1170 hectares in Plot No. 89 and 0. 0550 hectares in Plot No. 97 situated at Mauja Harpur, Mahal Khurd, Pargana Ballia, district Ballia. THEse two plots were included in the notification issued under Section 28 of the Parishad Adhiniyam on 26th December, 1979 which was subsequently published in the official Gazette on 8th March, 1980. It was mentioned therein that the U. P. Avas Evam Vikas Parishad (hereinafter referred to as the 'parishad') has framed a Scheme at Ballia named as Harpur Bhoomi Vikas Evam Grishsthan Yojana Ballia and objections were invited within thirty days from the date of publication of the notice in the Gazette. THE declaration under Section 32 (1) of the Parishad Adhiniyam was made on 5th November, 1982 and it was subsequently published in the Gazette on 27th November, 1982. It was notified that the Government had sanctioned the Scheme known as the "harpur Bhoomi Vikas Evam Grishsthan Yojana". THE records also indicate that subsequently a notification dated 29th June, 1983 was issued by the Government mentioning therein that in view of the urgency, the Government has directed under Section 17 (1) of the Land Acquisition Act that even though no award has been made, the Collector may, on the expiration of fifteen days from the publication of the notice mentioned in Section 9 (1) take possession of the land needed for public purpose.

(3.) LEARNED Standing Counsel and Sri R. S. Rana, learned counsel on the other hand submit that the provisions of Section 11 -A of the Act are not applicable to acquisitions made under the Parishad Adhiniyam and therefore, the acquisitions cannot lapse.